Law:

Section:

Constitution of Pakistan---Arts. 199 & 212---Constitutional petition---Maintainability---Civil service---Terms and conditions of service--- Promotion---Jurisdiction of High Court---Scope---Plea of mala fides---Petitioners being aggrieved from the promotion of junior colleague contended that impugned order of promotion was against fairness, rules and inter se seniority and liable to be declared as illegal---Validity---For resolution of issues relating to terms and conditions of service, Service Tribunal had the exclusive jurisdiction and the constitutional jurisdiction of High Court could not be invoked---Order of departmental authority, even though without jurisdiction or mala fide did not confer upon High Court jurisdiction to act in a matter in view of constitutional ouster as contained in Art.212 of the Constitution and the Service Tribunal had complete jurisdiction to interfere in such matters---Constitutional petition was dismissed being not maintainable. Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539; Province of Punjab through Secretary Health Department v. Dr. S.M. Zafar Bukhari PLD 1997 SC 351; Hasan Khan Marwat Inspector Police Department N.-W.F.P. Peshawar v. Inspector-General of Police N.-W.F.P. Peshawar and 3 others 2004 PLC (C.S.) 298; Government of Pakistan through Establishment Division Islamabad and 7 others' case PLD 2003 SC 110 and Peer Muhammad v. Government of Balochistan through Chief Secretary and others 2007 SCMR 54 rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.--- Petitioners seek annulment of order dated 4-8-2012 passed by respondent No.1 whereby respondent No.5 was promoted and appointed as Executive Engineer (BS-18) on current charge basis. 2. Precisely, the prayer in captioned writ petition is that "in view of the above circumstances, it is most respectfully prayed that the instant writ petition may kindly be accepted and the impugned order dated 4-8-2012 for the promotion/appointment of the respondent No.5 as Executive Engineer (BS-18) on current charge basis may kindly be set aside in the interest of justice." 3. It is alleged by the learned counsel that both petitioners were promoted as AEE/SDOs BS-17 on…

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